DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 11051-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. §1552 (b) DODI 1332.29 dtd 3 Mar 17 Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner met all conditions to receive Involuntary Separation Pay (ISP). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 May 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. On 7 March 1996, Petitioner served in the U.S. Army, and was released from active duty on 22 August 2001. c. On 6 November 2009, Petitioner was appointed in the U.S. Navy as a Lieutenant Junior Grade. d. On 2 January 2010, Petitioner entered active duty in the U.S. Navy. e. In accordance with reference (b), Full payment of non-disability ISP, is authorized to Service members of the Active and Reserve Components who are involuntarily separated from active duty/active service (AD/AS) and who meet each of following five conditions: (1) The Service member has completed at least 6 years, but fewer than 20 years, of AD/AS. (2) The Service member’s separation is characterized as “honorable”. (3) The Service member is being involuntarily separated by the Military Service concerned through either the denial of reenlistment or the denial of continuation. (4) The Service member has entered into a written agreement with the Military Service concerned to serve in the Ready Reserve of a Reserve Component of the Military Services for a period of not less than 3 years following the separation from AD/AS. (5) The Service member has signed the following mandatory disclosure statement: “If I qualify for military retired or retainer pay in accordance with Title 10 or Title 14, United States Code, and/or the Department of Veterans Affairs disability compensation pursuant to the laws administered by the Secretary of Veterans Affairs after receiving Involuntary Separation Pay (known as “ISP”), I will be subject to a deduction from such retired or retainer pay, or from disability compensation in the total amount of any ISP paid, as prescribed under Section 1174 of Title 10, United States Code.” f. On 24 October 2018, Petitioner was issued official separation orders (BUPERS Order: 2978), as a result of twice failing to select for the next higher grade. Furthermore, Payment of separation pay shall not occur until member signs DD Form 1070/613 containing the following statement: “Date: 01 MAR 2019: I agree to sign an acceptance and oath of office (NAVPERS FORM 1000/4) for an appointment into the navy reserves for a period of three years after separation, if one is tendered.” g. On 22 January 2019, the Navy Personnel Command conducted a detailed review of Petitioner’s record to determine his eligibility for a Reserve Oath of Office. Unfortunately, his was not recommend for a Reserve Oath of Office. h. Petitioner was issued a Fitness Report and Counseling Record for the period of 22 September 2018 to 31 January 2019 with a mark of “Early Promote”. i. On 28 February 2019, Petitioner was separated from the U.S. Navy with an Honorable character of service. j. On 22 October 2019, Defense Finance and Accounting Service, advised Congressman office that “a written agreement entered into prior to separation from active duty” was not provide to them; therefore ISP was not processed. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner met the eligibility criteria to receive full ISP; however, ISP processing documents were not completed due to administrative oversight. Although the proper administrative requirements were not completed, the Board felt that under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command completed the required written agreement, NAVPERS 1070/613, Administrative Remarks on 22 January 2019 and submitted it to Commander, Navy Personnel Command for inclusion in Petitioner’s Official Military Personnel File. Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty ending on 28 February 2019, amended to reflect Type of Separation (block 23) was “Discharged” vice “Resigned”. Petitioner was authorized payment of "full" Involuntary Separation Pay (ISP) based on his 28 February 2019 discharge. Note: Petitioner is required to sign a mandatory disclosure statement per reference (b) prior to the processing of ISP. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 5/8/2020